Miami Early Termination of Probation Attorney
Skilled Lawyer Helping Clients Seeking Relief from Probation Conditions in Miami, FL
If you have been convicted of a crime, probation might be a part of your sentence. Although your probation may be for a set term, you can petition for early termination after completing half of it. If granted, this would mean you're no longer required to attend mandatory classes or counseling, participate in drug testing, or have restrictions on where you can go. Another benefit of removing probation is that it eliminates the risk of violating your conditions and facing harsh consequences.
At The Hoffman Firm, our skilled Miami early termination of probation lawyer may be able to help you pursue this type of relief. We have years of legal experience and a comprehensive understanding of the processes involved.
The Hoffman Firm is here for you. Schedule your free consultation today by calling 305-249-0090 or contacting us online.
What Are the Terms of Probation?
Under Florida Statute § 948.03, a judge has substantial discretion when imposing probation terms. The conditions of probation will depend on an individual's circumstances, but they can include:
- Reporting to a probation officer regularly
- Permitting a probation officer to visit the person at work or home
- Making a good faith effort to get a job or work in suitable employment
- Staying within a certain geographical area
- Supporting legal dependents
- Not getting arrested or violating the law
- Not carrying a firearm without approval from a probation officer
- Not associating with people involved in criminal activities
If someone disregards their probation terms, they risk being accused of a violation or being imprisoned. Unfortunately, it is easier to prove a probation violation than a criminal offense – numerous safeguards that apply to criminal proceedings do not apply to probation violation hearings.
With a probation violation:
- Guilt does not have to be proven beyond a reasonable doubt
- There is no right to bond while awaiting a hearing
- The person can be required to testify against themselves
- Hearsay can be admitted
Who Is Eligible for Early Termination of Probation?
Not everyone is eligible for early termination of probation. People who have been convicted of felony child abuse or felony sexual battery will not be eligible. In some cases, even if a person was convicted of a criminal offense other than those, they might not qualify for early termination.
For a person to be eligible to petition for early termination, they must have:
- Finished half of their probationary term
- Completed conditions such as substance abuse treatment or community service
- Paid restitution, costs, and fines ordered by the court
- Paid off conviction-related obligations, such as public defender liens or investigation costs
The court has discretion about whether early termination of probation will be granted. Generally, it will allow this relief if the individual is a first offender on probation for a nonviolent offense. Unfortunately, early termination might not be available to repeat offenders or those on probation because of a violent crime conviction.
Contact Our Miami, Florida Early Termination of Probation Lawyer
If you have been convicted of a crime in Miami and believe you are eligible for early termination of probation, our lawyer at The Hoffman Firm can help you understand your options. We will carefully look at the details of your case to determine whether petitioning for this relief would make sense in your situation.
Schedule your free consultation today by calling 305-249-0090 or contacting us online. Do not face your charges without help from an experienced Miami criminal defense lawyer.